Q: Is an informational app about menu items at a coffee chain allowed to use the trademarked names of drinks sold there?
I have an app that lists information about menu items from a coffee chain with over 400 store locations in the US. Specifically it lists the officially recognized name of the drink that you can order, what flavors are in it, a brief description, and the various ways you can order it (americano, cold brew, etc.). It is my understanding that use of trademarked product names within the context of an informational work does not require the authorization of the trademark owner as long as it is for informational / editorial purposes to identify the products provided. I received a trademark violation notice from the company claiming that the use of their drink names as well as a couple of the nicknames they have registered for blended coffee drinks was violating their IP rights. Is there a way to not violate their IP rights while still providing accurate information to users of the app about what they can order?
A: Sounds like you're on the right side. If you're being clear to your readers and app users that you are not this coffee chain, and that they don't endorse you, and you're not selling coffee, then you're not violating their trademark. You are allowed to talk about trademarked things by name. You are not allowed to sell a similar thing and use someone else's trademark to sell it.
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